467 research outputs found
Bond v. United States
Although the majority’s outcome was correct, the application of the clear statement rule in this situation seems incorrect. The majority misconstrues the statute not to reach Mrs. Bond’s conduct when it should have done so. The concurrences properly assert that despite the conduct here falling within the clear definition of the statute, the Court should have reversed the conviction on constitutional grounds. As a result of this decision, Congress should now plan to make clarifying statements about the scope of the statute in order to avoid the clear statement problem identified here.
Separately, although only dicta, Justice Scalia’s assertion that the Necessary and Proper Clause does not extend beyond the “making” of treaties does not seem correct. It appears necessary and proper for the making of treaties that the power to execute be implied, and the non-self executing treaty was a later judicial invention that the original language could not have taken into account. However, Justice Thomas’s use of the domestic and international matter distinction appears to be a useful limit on the treaty power, and it is on that point that future cases could seek to draw a distinction
Bond v. United States
Although the majority’s outcome was correct, the application of the clear statement rule in this situation seems incorrect. The majority misconstrues the statute not to reach Mrs. Bond’s conduct when it should have done so. The concurrences properly assert that despite the conduct here falling within the clear definition of the statute, the Court should have reversed the conviction on constitutional grounds. As a result of this decision, Congress should now plan to make clarifying statements about the scope of the statute in order to avoid the clear statement problem identified here.
Separately, although only dicta, Justice Scalia’s assertion that the Necessary and Proper Clause does not extend beyond the “making” of treaties does not seem correct. It appears necessary and proper for the making of treaties that the power to execute be implied, and the non-self executing treaty was a later judicial invention that the original language could not have taken into account. However, Justice Thomas’s use of the domestic and international matter distinction appears to be a useful limit on the treaty power, and it is on that point that future cases could seek to draw a distinction
Bond v. United States
Although the majority’s outcome was correct, the application of the clear statement rule in this situation seems incorrect. The majority misconstrues the statute not to reach Mrs. Bond’s conduct when it should have done so. The concurrences properly assert that despite the conduct here falling within the clear definition of the statute, the Court should have reversed the conviction on constitutional grounds. As a result of this decision, Congress should now plan to make clarifying statements about the scope of the statute in order to avoid the clear statement problem identified here.
Separately, although only dicta, Justice Scalia’s assertion that the Necessary and Proper Clause does not extend beyond the “making” of treaties does not seem correct. It appears necessary and proper for the making of treaties that the power to execute be implied, and the non-self executing treaty was a later judicial invention that the original language could not have taken into account. However, Justice Thomas’s use of the domestic and international matter distinction appears to be a useful limit on the treaty power, and it is on that point that future cases could seek to draw a distinction
Federalism and State Marijuana Legislation
An increasing number of states have passed legislation legalizing medical and recreational marijuana. This Note provides a survey of the language utilized by these states in their legislation and legislative materials, searching for and highlighting those purposes and intentions of the states, which implicate, explicitly or implicitly, federalism. Through this survey of mostly primary source materials, various trends and similarities among the materials will be apparent, and this Note will provide a useful resource for those trying to understand why the states may have enacted these laws
Operationalizing Centerness and Measuring It in Professional Development Teams
Centerness is defined as a quality of multi-agent systems (groups) where agents share a common set of system goals and interact so the system will achieve those goals. A pair of measures is identified to capture the two dimensions of centerness: distance-weighted fragmentation and average goal centerness. As a case study, the measures of centerness are applied to six teacher professional development groups within the Information Technology in Science Center for Teaching and Learning. The calculated measures of centerness of these groups generally conform to the expectations. Insights on using this measure of centerness to evaluate centerness in other professional development programs are included
An approach to description logic with support for propositional attitudes and belief fusion
The final publication is available at Springer via http://dx.doi.org/10.1007/978-3-540-89765-1_8Revised Selected and Invited Papers of ISWC International Workshops, URSW 2005-2007.In the (Semantic) Web, the existence or producibility of certain, consensually agreed or authoritative knowledge cannot be assumed, and criteria to judge the trustability and reputation of knowledge sources may not be given. These issues give rise to formalizations of web information which factor in heterogeneous and possibly inconsistent assertions
and intentions, and make such heterogeneity explicit and manageable for reasoning mechanisms. Such approaches can provide valuable metaknowledge in contemporary application fields, like open or distributed ontologies, social software, ranking and recommender systems, and domains with a high amount of controversies, such as politics and culture. As an approach to this, we introduce a lean formalism for the Semantic
Web which allows for the explicit representation of controversial individual and group opinions and goals by means of so-called social contexts, and optionally for the probabilistic belief merging of uncertain or conflicting statements. Doing so, our approach generalizes concepts such as provenance annotation and voting in the context of ontologies and other kinds of Semantic Web knowledgeThis work was partially funded by the German National Research Foundation DFG (Br609/13-1, research project “Open Ontologies and Open Knowledge Bases”) and by the Spanish National Plan of R+D, project no. TSI2005-08225-C07-0
Antibiotic Treatment Ameliorates the Impact of Stony Coral Tissue Loss Disease (SCTLD) on Coral Communities
Stony coral tissue loss disease has spread widely in the Caribbean and causes substantial changes to coral community composition because of its broad host range and high fatality rate. To reduce SCTLD impacts, intervention programs throughout the region have divers treating corals with antibiotics. We assessed the effect of antibiotic treatment in the British Virgin Islands by comparing coral communities at 13 treated sites to those at 13 untreated sites. The prevalence of white syndromes (assumed to be primarily SCTLD), the severity of white syndrome lesions, partial colony mortality and complete colony mortality all showed a qualitative pattern consistent with benefits of treatment: they were reduced at treated sites for species highly susceptible to SCTLD. In contrast, the prevalence and severity of lesions from other diseases, and other causes of tissue loss, were all unrelated to treatment. Re-ordering of rank abundance at the community-level was also consistent with a positive effect of treatment because rare, highly SCTLD-susceptible species increased slightly in relative cover at treated sites. Although there was limited statistical support for these responses individually, collectively the overall pattern of results indicates a modest beneficial effect of the intervention program for highly susceptible species. Diver-based intervention programs using antibiotics may thus be a viable part of management plans for STLD at the epidemic stage
Embedding cardinality constraints in neural link predictors
Neural link predictors learn distributed representations of entities and relations in a knowledge graph. They are remarkably powerful in the link prediction and knowledge base completion tasks, mainly due to the learned representations that capture important statistical dependencies in the data. Recent works in the area have focused on either designing new scoring functions or incorporating extra information into the learning process to improve the representations. Yet the representations are mostly learned from the observed links between entities, ignoring commonsense or schema knowledge associated with the relations in the graph. A fundamental aspect of the topology of relational data is the cardinality information, which bounds the number of predictions given for a relation between a minimum and maximum frequency. In this paper, we propose a new regularisation approach to incorporate relation cardinality constraints to any existing neural link predictor without affecting their efficiency or scalability. Our regularisation term aims to impose boundaries on the number of predictions with high probability, thus, structuring the embeddings space to respect commonsense cardinality assumptions resulting in better representations. Experimental results on Freebase, WordNet and YAGO show that, given suitable prior knowledge, the proposed method positively impacts the predictive accuracy of downstream link prediction tasks
Dynamics of Nanometer-Scale Foil Targets Irradiated with Relativistically Intense Laser Pulses
In this letter we report on an experimental study of high harmonic radiation
generated in nanometer-scale foil targets irradiated under normal incidence.
The experiments constitute the first unambiguous observation of odd-numbered
relativistic harmonics generated by the component of the
Lorentz force verifying a long predicted property of solid target harmonics.
Simultaneously the observed harmonic spectra allow in-situ extraction of the
target density in an experimental scenario which is of utmost interest for
applications such as ion acceleration by the radiation pressure of an
ultraintense laser.Comment: 5 pages, 4 figure
- …